The liberal justice pointed out that 45 percent of the opinions the court has already released this term were decided unanimously. "Quite collegial, would you not say?" Ginsburg said.

But then, she added, indicating a possible sharp divide on health care, "Many of the most controversial cases remain pending so it is likely that sharp disagreement will go up."

Justice Ginsburg also pointed to the possibility that she could issue a scathing dissent on Obamacare, pointing out that minority opinions have inspired lawmakers to make changes on their own in the past.

Meanwhile, Scalia indicated in his book that he really didn't like the Supreme Court's 1942 decision in Wickard v. Filburn, a New York Times review pointed out. That ruling favored an expansive view of the federal government's ability to police interstate commerce.

"The bottom line is if Scalia thinks Wickard was wrongly decided, he's almost certain to overturn the [insurance] mandate," Roy wrote in Forbes.

Stay tuned for word on the Supreme Court's decision and what it means.